Architectual Services

REQUEST FOR PROPOSAL ARCHITECTURAL SERVICES The Niles Housing Commission is requesting proposals from interested professionals to perfori'n Architectural & Engineering Consulting services for modernization projects funded by Capital Fund Program from the U.S. Department of Housing and Urban Development (HUD). All proposals must be received at tl'ie office of the Niles Housing Comi'nission by 3:00 p.m. local time, on Apiil 5, 2024 in order to be considered. It is the intent of tlie Niles Housing Commission to award an initial 2 year contract to the highest ranking firm with an option for up to a one-year extension (total of three years). Additional infonnation and a packet containing requirements for the preparation of the proposals may be requested. Proposals must be submitted to the following address: Flossi Pease Residential Manager 251 Cass St. Niles, MI 49120 Phone: (269) 683-2783 REQUEST FOR QUALIFICATIONS Architectural and Engineering, Services Three-Year Term The Niles Housing

Coini'nission is soliciting proposals from qualified firi'ns to provide Architectural and Engineering Services related to various projects to be undertaken by the housing authority during the next two years. This is a two year contract with an option for up to a one-year extensions (total of four years). A firi'n will be selected to provide design/construction services to PHA on an as-needed basis. A percentage of construction cost as the fee will be submitted by the Architectural Firm. The Housing Authority Fees for services rendered will be paid from Capital Fund, and/or other HUD programs. SCOPE OF WORK A. Objective 1. PHA proposes to use the services of a consultant on specific projects to be designated by PHA during the term of this agreement. This work will consist of an undetermined number of individual project assignments. Services to be provided include, but are not limited to, the following: a. Preparing conceptual designs. b. Preparing construction cost estimates. c. Preparing construction documents including any/all drawings, specifications and details necessary for contract bidding purposes. d. ASSiSting with the bid process. e. Reviewing shop drawings, catalog cuts and other construction contractor submittals for approval or recommendation for any other appropriate action. f. Providing construction phase services. g. Providing program management and administrative services. 2. The architect shall be experienced in all facets of planning, management and design. The consulting team shall be comprised of planners, architects, engineers, inspectors and appropriate consultants registered and/or licensed to do work in the State of Michigan. 3. The architect may either provide the above disciplines in his/her firm, or through joint ventures or agreements with other firi'ns. Aaiy firms utilized through joint ventures and/or agreements that are not included in tliis proposal will be subject to the housing commission's approval. 4. It will be incumbent upon the architect to ensure that all services are performed using prudent planning, architectural, and engineering practices in accordance with the latest codes and regulations and any other applicable design standards. B. Implementation It is the desire of PHA that the architectural services begin immediately upon execution of the contract. C. Acceptance of Work 1. PHA will hold conferences to outline the required services for each individual work effort to be assigned. The architect will, within a reasonable time following each conference, provide a written proposal which shall include a description of the services to be provided; proposed time for completion; and personnel to be employed on the assignment. When agreement has been reached on the services to be perfori'ned, period of performance and estimated cost, a Notice to Proceed shall be executed authorizing the architect to begin. 2. The architect shall employ the proposed staff to provide the services required in the professional quality and timeliness agreed upon. Only substitutes listed in the submittal may be employed in this work. Substitutes may be used only with the prior notice and written approval of PHA. 3. All documents which are prepared by the architect and form a part of his/her services shall, upon completion, become the property of PHA. The architect shall be responsible for the protection and/or replacement of any contract documents in his/her possession. 4. PHA shall furnish infon'nation, data, reports and maps as are existing and identified by the architect which may be required for completing the work. PHA shall cooperate with the architect in every way possible, providing their needs are made known. 5. PHA will not provide clerical assistance to the architect and PHA personnel will not be asked to undertake surveys, analyses, tabulations, summaries, etc., for architectural produced data or documentation. PROPOSAL FORMAT A. An original of the proposal must be submitted in a sealed envelope to: Flossi Pease, Residential Manager Niles Housing Cornrnission 251 Cass St. Niles, MI 49120 B. Any proposal may be withdrawn prior to award of the contract(s). C. PHA reserves the right: 1. To waive infori'nalities required herein; to request additional information; to supplement, amend or otherwise modify the teri'ns or schedules set forth herein; and to conduct all investigations and background checks necessary for adequate evaluation. The Following infori'nation is to be provided with your proposal: 1. Firm name and address. 2. Name, title and telephone number of principal to contact. 3. List number of persoru'iel by discipline presently employed (List each person only once). 4. Provide resume of all principals, key personnel and key sub-consultants to have project responsibility. 5. Proposed hourly rate. 6. Briefly describe any software, technology and techniques used by the firi'n and any other resources which have application to this project. 7. List and describe up to 10 projects (or less if the firm does not have 10 projects) that best illustrate current qualifications relevant to this project. 8. List all work, past or present, performed for Public Housing Authorities or as a part of other HUD programs. 9. Foreachprojectlistedinnumber6or7aboveperformedforaPublicHousingAuthority, list the date of the A/E contract, contract time for construction document completion an date of actual completion. List date of construction contract award. If no PHA projects, select 10 others. 10. List the carrier and amount of the firnn's professional liability insurance. 11. Attach description or explanation of other resources supporting your firm's qualifications for this project. PROPOSAL EV ALUATION FACTORS Proposals will be evaluated using the factors and assigned values listed below: 1. Experience and Evidence of theArchitect'sAbility to Complete the Project. (O to 20 points). Indicate recent, relevant expeiience of the consultant to work similar to that described in the preceding scope of services. 2. Specialized Expertise of Team Members (O to 20 points). Include individuals who will complete tlie required services. Provide a profile of the principals' and staff' S professional and technical competence and experience. 3. Organizational Capacity to Complete Services in Timely Manner (O to 10 points). Indicate the availability of the consultant to complete the scope of work in a timely and efficient manner. 4. Familiarity with the Low-Rent Housing Program and the Capital Fund Program (O to 20 points). Indicate the consultant's experience with various aspects of Low- Rent Public Housing Program and the Capital Fund Program. 5. Cost (0-20 points). The proposed hourly rate of all employees or substitutes. List hourly rates by category or discipline. 6. Knowledge of Local Building Codes (O to 5 points). Indicate specific knowledge of the requirements of local building codes and knowledge of HUD's modernization standards. 7. References (0-5 points). The quality of work performed on similar contracts in the past will be considered. Provide three references for evaluation. 8. Registration. Provide evidence that, where design work is involved, the A/E is currently registered in the state where the project is located (failure to provide ME registration precludes further consideration). 9. Debarment. Provide a certified statement that the architecUengineer firm is not debarred, suspended, or otherwise prohibited from professional practice by any federal, state, or local agency (failure to provide certification precludes further consideration). SELECTION PROCESS The selection of a firm will be in accordance with "Quality Based Procedure" based on qualifications of the firm. Responses to this invitation will be ranked in order, in accordance with the "Evaluation Factors" criteria. Negotiations will be held, if determined necessary by the PHA, to promote understanding of the Housing Commission's requirements and the offerors' proposals and to facilitate arriving at a contract that will be most advantageous to the Housing Commission taking into consideration the evaluation factors set forth in the RFQ. The Housing Commission reserves the right to reject any or all Statement of Qualifications. Once the architectural firms have been ranked, the Housing Commission shall use the contract negotiation process to obtain a fair and reasonable price. If the Housing Authority fails to reach an agreement with the first ranked firm, it shall follow the same procedure with the second and third ranked firms until an agreement with the most qualified firm has been achieved at a fair and reasonable price for the services. The type of contract will be a percentage of construction cost. REJECTION The PHA does not guarantee that a contract will be awarded as a result of this Request for Qualifications. SUBMISSION DEADLINE No later than 3:00 p.m. on April 5, 2024. Certifications and Representations of Offerors Non-Construction Contract u.s. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No: 2577-0180 (exp. 7/30/96) Public reporUng burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintalnlng the data needed, and completing and reviewing the collection of information. This form includes clauses required by OMB's common rule on bidding/offering procedures, implemented by HUD in 24 CFR as.se, and those requirements setforth In Executive Order 11625 for small, minority, women-owned businesses, and certifications for independent price determination, and conflict ofinterest. The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. lf the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 1. Contingent Fee Representation and Agreement (a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror: (l) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contractany commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) If the answer to either (a)(l) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer. (c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 2. Small, Minority, Women-Owned Business Concern Rep- resentation The bidder/offerorrepresentsand certifies as partofits bid/ offer that it: (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, meaiis a concern, includ- ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which tt is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned small business conceni. "Women-owned," as used in tbis provision, means a small business that is at least 51 percent owned by a womaii or women who are ti.s. citizens and wlio also control and operate the business. (c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group metnbers or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management aiid daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 3. Certificate of Independent Price Determination (a) The bidder/offeror certifies that- (l) Tlie prices in this bid/offer have been arrived at indepen- dently, without, for tlie purpose of restricting competi- tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) tbose prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices OffeTed; (2) The prices in this bid/offer have not been and will not be )cnowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be- fore bid opening (in tbe case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submita bid/offer for tbe purposeofrestricting competition. (b) Each signature on the bid/offer is considered to be a certifi- cation by the signatory that the signatory: (l) Is the person in the bidder/offeror's organization respon- sible for determining the prices being offered in tbis bid or proposal, and that the signatory has not participated and will notpartictpate in any action contrary to subpara- graphs (a)(l) through (a)(3) above; or (2) (i) Has been autborized, in writing, to act as agent for tlie following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above (insert full name ofperson(s) in the bidder/offeror's organization responsible for determining the prices of- fered in this bid or proposal, and the title of his or her posttion in the bidder/offeror's organization); (ii) As an authorized agent, does certify that the princi- pals named in subdivision (b%2)(i) above have not par- ticipated, and will not participate, in any action contrary to subparagraphs (a%l) through (a)(3) above; and Previous edition is obsolete page 1 of 2 form HUD-5369-C (8/93) ref. Handbook 7460.8 (iii) Asanagent,hasnotpersonallyparticipated,aiidwill not participate in any action contrary to subparagraplis (a%l) through (a)(3) above. (c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must fumish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure. 4. Organizational Conflicts of Interest Certification (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that: (i) Award of the contract may result in an unfair competi- tive advantage; (ii) The Contractor's objectivity in performing the con- tract work may be impaired; or (iii) That the Contractor has disclosed all relevant infor- mation and requested the HA to make a determination with respect to thts Contract. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate aiid full disclo- sure in writing to the HA whicli shall include a description of the action which the Contractor has taken or intends to elimtnate or neutralize the conflict. Tlie HA may, however, terminate the Coxitract for the convenience of HA if it would be in the best interest of HA. (c) In the event the Contractor was aware of aii organizational conflict of interest before the award of thts Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default. (d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to tlie HA and shall includeany necessary provisionsto eliminate orneutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract. 5. Authorized Negotiators (RFPs only) The offeror represents that the following persons are autliorized to-negotiate on its behalf with tha PHA in connection with tbis request for proposals: (list names, titles, and telephone numbers d the authodzed negotiatorsj: 6. Conflict of Interest In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure- ment, as described in the clause in this solicitation titled "Orga- ntzational Conflict of Interest." 7. Offeror's Signature The offeror hereby certifies that the information contained in these certifications and representations ts accurate, complete, and current. Signature & Date: Typed or Printed Name: Title: Previous mition is obsolete page 2 of 2 form HUD-5369-C (8/93) ref. Handbook 7460.8 u.s. Department of Housing and Urban Development Office of Public and Indian Housing Instructions to Bidders for Contracts Public and Indian Housing Programs Previous edition is obsolete form HUD-5369 (10/2002) Instructions to Bidders for Contracts Public and Indian Housing Programs Table of Contents Clause Page 1. Bid Preparation and Submission 1 2. Explanations and Interpretations to Prospective Bidders 1 3. Amendments to Invitations for Bids 1 4. Responsibility of Prospective Contractor 3 5. Late Submissions, Modifications, and Withdrawal of Bids 1 6. BidOpening 2 7. ServiceofProtest 2 8. ContractAward 2 9. BidGuarantee 3 10. Assurance ofCompletion 3 11. Preconstruction ConTerence 3 12. Indian Preference Requirements 3 1. Bid Preparation and Submission (a) Bidders are expected to examine the specifications, drawings, all instructions, and, iT applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect- ingtheWork oftheGenerafConditionsoftheContractforConstruc- tion). Failure to do so will be at the bidders' risk. (b) All bids must be submitted on the Torms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder's name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures orotherchanges must beinitialed bythe person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority. (Bidders should retain a copy of their bid for their records.) (c) Bidders must submit as part of their bid a completed form HUD- 5369-A, "Representations, Certifications, and Other Statements of Bidders," (d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words "Bid Documents," the Invitation for Bids (IFB) number, any project or other identifying number, the bidder's name, and the date and time for receipt of bids. (e) Ifthissolicitationrequiresbiddingonallitems,failuretodosowill disqualify the bid. If bidding on all items is not required, bidders should insert the wprd@ "No Bib" in the spaqe provided for any item on which no price is submitted. (f) Unless expressly authorized elsewhere in this solicitation, alter- nate bids will not be considered. (g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered. (h) If the proposed contract is for a Mutual Help project (as de- scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa- tion regarding the bid advertisement is provided as an attachment to this solicitation. 2. Explanations and Interpretations to Prospective Bidders (a) Anyprospectivebidderdesiringanexplanationorinterpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing. The only oral clarifications that will be provided will be those clearly related to solicitation procedures. i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessaryin submitting bids, or if the lack of it would be prejudicial to other prospective bidders. (b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation. 3. Amendments to Invitations for Bids (a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in the solicitation. The PHA/IHA must receive acknowledgement bythe time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder's receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information which substantively changed the PHA's/IHA's requirements. (c) AmendmentswillbeonfileintheofficesofthePHA/IHAandthe Architect at least 7 days before bid opening. 4. Responsibility of Prospective Contractor (a) The PHA/IHA will award contracts only to responsible prospec- tive contractors who have the ability to pertorm successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder's: (1 ) Integrity; (2) Compliance with public policy; (3) Record of past performance; and (4) Financial and technical resources (including construction and technical equipment). (b) Before a bid is considered for award, the bidder may be re- quested by the PHA/IHA to submit a statement or other documento- tion regarding any of theitems in paragraph (a) above. Failure by the bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award. Previous edition is obsolete Page 1 of 4 form HUD-5369 (10/2002) 5. Late Submissions, Modifications, and Withdrawal of Bids 6. Bid Opening (a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it: (1 ) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 1 5th); (2) Was sent by mail, or if authorized by the solicitation, was sent by telegram orviafacsimile, and it is determined bythe PHA/IHA that the late receipt was due solely to mishandling by the PH/VIHA after receipt at the PHA/IHA; or (3) Was sent by u.s. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and observed holidays. (b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision. (c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the u.s. Or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the u.s. or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impres- sion) that is readily identifiable without further action as having been supplied and affixed by employees of the u.s. Or Canadian Postal Serviceonthedateofmailing. Therefore,biddersshouldrequestthe postal clerk to place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (d) The only acceptable evidence to establish the time of receipt at the PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or other documentary evidence of receipt maintained by the PHA/IHA. (e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the u.s. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper. (f) Notwithstandingparagraph(a)ofthisprovision,alatemodifica- tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted. (g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exacttime set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present. 7. Service of Protest (a) Definitions. As used in this provision: "Interested party" means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract. "Protest" means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation. (b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from - [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer] (c) All protests shall be resolved in accordance with the PHA's/ IHA's protest policy and procedures, copies of which are maintained at the PHA/IHA. 8. Contract Award (a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan- tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation. (b) If the apparent low bid received in response to this solicitation exceeds the PHA's/IHA's available funding forthe proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in orderfrom the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If upon the application of the first deductible item to all initial bids, a new low bid is within the PHA's/IHA's available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA shall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA's/IHA's available funding. If upon the application of all deductibles, no bid is within the PHA's/IHA's available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation. (c) In the case oT tie low bids, award shall be made in accordance with the PHA's/IHA's written policy and procedures. (d) The PH/VIHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA's/IHA's written policy and procedures. Previous edition is obsolete Page 2 of 4 form HUD-5369 (10/2002) (e) Unless precluded elsewhere in the solicitation, the PHA/IHA may accept any item or combination or items bid. (f) The PHA/IHA may reject any bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantlyless than cost for some work and prices which are significantly overstated for other work. (g) Awrittenawardshallbefurnishedtothesuccessfulbidderwithin the period for acceptance specified in the bid and shall result in a binding contract without further action by either party. 9. Bid Guarantee (applicable to construction and equip- ment contracts exceeding $25,000) All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) or the amount of the bid. The bid guarantee may be a certified check, bank draft, u.s. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the u.s. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance oT completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening. 10. Assurance of Completion (a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] - [ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law; [ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price; [ ] (3) a 20 percent cash escrow; [ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to -contracts awarded by an IHA under the Indian Housing Program). (b) Bonds mus:t be obtained from guarantee or surety companies acceptable to the u.s. Government and authorized to do business in the state where the work is to be performed. Individual sureties will not be considered. u.s. Treasury Circular Number 570, published annuallyin the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in thiscircularismandatory. Copiesofthecircularmaybedownloaded on the u.s. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered For a minimum fee by contacting the Government Printing Office at (202) 512-2168. (c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date ofthe bond. The effective date of the bond shall be on or pfter the execution date or the contract. (d) Failure by the successful bidder to obtain the required assur- ance of completion within the time specified, or within such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder's bid guarantee. 11. Preconstruction Conference (applicable to construction contracts) A(ter award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives ofthe PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. The conference will serve to acquaint the participants with the general plan of the construction operation and all other require- ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). ThePHA/IHAwillprovidethesuccessfulbidderwiththe date, time, and place of the conference. 12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) (a) HUD has determined that the contract awarded under this solicitation is subiectto the requirements of section 7(b) of the Indian Self-Determination and Education AssistanceAct (25 u.s.c. 450e(b)). Section 7(b) requires that any contract orsubcontract entered into for the benefit oflndians shall require that, to the greatest extent feasible (1) Preierencesandopportunitiestortrainingandemployment (otherthan core crew positions; see paragraph (h) below) in connec- tion with the administration of such contracts or subcontracts be given to qualified "Indians." The Act defines "Indians" to mean persons who are members of an Indian tribe and defines "Indian tribe" to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and, (2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de- fined in section 3 of the Indian Financing Act of 1974 25 u.s.c. 1452). That Act defines "economic enterprise" to-mean any Indian- owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership must constitute not less than 51 percent of the enterprise; 'Jndian organization" to mean the governing body of anylndian tribe or entity established or recognized by such governing body; "Indian" to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act; and lndian "tribe" to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including Previous edition is obsolete Page 3 or 4 form HUD-5369 (10/2002) corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog- nized by the Federal Government as eligible for services from the Bureau of Indian Affairs. (b) (1) ThesuccessfulContractorunderthissolicitationshallcom- ply with the requirements of this provision in awarding all subcon- tracts under the contract and in providing training and employment opportunities. (2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor's employment and training preference bid statement shall be grounds for termination of the contract or for the assessment of penalties or other remedies. (c) lfspecifiedelsewhereinthissolicitation,thelHAmayrestrictthe solicitation to qualified Indian-owned enterprises and Indian organi- zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza- tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. It fewer than the minimum required number of qualified Indian-owned enter- prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph (d) below. (d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is - (1 ) Within the maximum HUD-approved budget amount estab- fished for the specific project or activity for which bids are being solicited; and (2) Nomorethanthepercentagespecifiedin24CFR905.175(c) higher than the total bid price of the lowest responsive bid from any qualified bidder. If no responsive bid by a qualified Indian-owned economic enterprise or organization is within the stated range of the total bid price of the lowest responsive bid from any qualified enterprise, award shall be made to the bidder with the lowest bid. (e) Bidders seeking to qualify for preference in contracting or subcontracting shall submit proof oflndian ownership with their bids. Proof of Indian ownership shall include but not be limited to: (1 ) Certification by a tribe or other evidence that the bidder is an Indian. The IHA shall accept the certification of a tribe that an individual is a member. (2) Evidence such as stock ownership, structure, manage- ment, control, financing and salary or profit sharing arrangements of the enterprise. (f) (1) Allbiddersmustsubmitwiththeirbidsastatementdescrib- ing how they will provide Indian preference in the award of subcon- tracts. The specific requirements of that statement and the factors to used by the IHA in determining the statement's adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement shall be rejected as nonresponsive. The IHA may require that comparable statements be provided by subcontractors to the successful Contractor, and may require the Contractor to reject any bid or proposal by a subcontractor that fails to include the statement. (2) Bidders and prospective subcontractors shall submit a certification (supported by credible evidence) to the IHA in any instance where the bidder or subcontractor believes it is inteasible to provide Indian preference in subcontracting. The acceptance or rejection by the IHA of the certification shall be final. Rejection shall disqualify the bid from further consideration. (g) All bidders must submit with their bids a statement detailing their employment and training opportunities and their plans to provide preference to Indians in implementing the contract; and the number or percentage of Indians anticipated to be employed and trained. Comparable statements from all proposed subcontractors must be submitted. The criteria to be used by the IHA in determining the statement(s)'s adequacy are included as an attachment to this solicitation. Any bid that fails to include the required statement(s), or that includes a statement that does not meet minimum standards required by the IHA shall be rejected as nonresponsive. (h) Core crew employees. A core crew employee is an individual who is a bona fide employee of the contractor at the time the bid is submitted; or anindividual who was not employed by the bidder at the time the bid was submitted, but who is regularly employed by the bidder in a supervisory or other key skilled position when work is available. Bidders shall submit with their bids a list of all core crew employees. (i) Preference in contracting, subcontracting, employment, and training shall apply not only on-site, on the reservation, or within the IHA's jurisdiction, but alsoto contracts with firms that operate outside these areas (e.g., employment in modular or manufactured housing construction facilities). (j) Bidders should contact the IHA to determine if any additional local preference requirements are applicable to this solicitation. (k) The IHA [ ] does [ ] does not [Contracting Officer check applicable box] maintain lists of Indian-owned economic enterprises and Indian organizations by specialty (e.g., plumbing, electrical, foundations), which are available to bidders to assistthem in meeting theit tesponsibility to provide preference in connection with the administration of contracts and subcontracts. Previous edition is obsolete Page 4 of 4 form HUD-5369 (10/2002) NON-COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made withorit reference to any other bid and withorit any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, liave or will receive directly or indirectly, any rebate, fee gi:tt, commission or thing of value on account of such sale. OATH AND AFFIRMATION I HEREBY AFFIRM LTNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR P{JBLIC WORKS ARE TRUE AND CORRECT. Dated this day of (Name of Organization) (Title of Person Signing) (Signature) ACKNOWI,EDGEMENT STATEOF ) ss COUNTY OF Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to me this day of Notary Public Signature My Commission Expires: Niles Housing Commission //251 Cass Street Niles, Ml 49120 o> Office: (269) 683-2783 o> Fax: (269) 683-7435 SECTION 3 COMPLIANCE PLAN CONTRACTOR'S ACKNOWLEDGEMENT AND AGREEMENT Name of Company: Solicitation of File No.: Description of Services or Work: Please indicate your firms proposed methodology for compliance with Section 3; you may select one or more methods of compliance. Meeting the numerical goals set forth in this section for providing training or employment opportunities to residents of public housing or other low income persons (Section 3 residents); Subcontracting work for the covered contract to a Section 3 Certified Business Concern(s); Provide other economic opportunities to low income persons; Contributing to Niles Housing Commission's Educational Training Fund; Becoming a Section 3 Certified Business Concern THIS IS A REQUIRED DOCUMENT FOR ALL NILES HOUSING COMMISSION (FUNDED) PROCUREMENTS EXCEPT CONTRACTS FOR SUPPLIES AND MATERIALS opPoRTUNITY'@u"HOUSING The Niles Housing Commission is an equal opportunity housing provider. We do not discriminate on the basis of race, color, national origin, religion, sex, family status or disability.